Consent on behalf of a minor

6 March 2008

To quote from the linked document below:

If the property of a minor is alienated or a mortgage bond is to be registered over the minor's property, then:

All guardians would need to consent. Consent by one guardian alone is not sufficient. Vide Sections 18(3)(c)(v) and 18(5) of the Children's Act. (The one exception is where a Court has ordered otherwise.);

In addition to the consent of all the guardians, the Master would also need to consent if the value of the property or the bond is less than R100,000.00. If the value of the property or the amount of the bond is more than R100,000.00, then the High Court would need to consent. Section 80 of the Administration of Estates Act 66 of 1965.

Chief Registrar's Circular 1 of 2008 may give the impression to conveyancers that only section 18 of the Children's Act needs to be applied when dealing with the alienation or encumbrance of a minor's property. One must not lose sight of the provisions of Section 80 of the Administration of Estates Act which has not been amended or repealed.